The Terrorism (United Nations Measures) Order 2006

UK Statutory Instrument 2006 No. 2657 — creates 7 criminal offences.

Made

10 October 2006

In force from

12 October 2006

Extent

Not stated

Subject

International sanctions, export control and trade restrictions

Made under

Her by section 1 of the United Nations Act 1946

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order, made under section 1 of the United Nations Act 1946, gives effect in the United Kingdom to Resolution 1373(2001) adopted by the Security Council of the United Nations on 28th September 2001 relating to terrorism and resolution 1453(2002) adopted on 20th December 2002 relating to humanitarian exemptions. It also provides for enforcement of Regulation (EC) 2580/2001 on specific measures directed at certain persons and entities with a view to combating terrorism (“the EC Regulation”). The EC Regulation provides a mechanism for designating within the Community persons in respect of whom measures contained in the EC Regulation are to apply. The measures include the freezing of funds, financial assets and economic resources of such persons and ensuring that any funds, financial assets, economic resources and financial services are not made available to them. Article 3 of this Order provides that “designated persons” are persons named in Council Decision 2006/379/EC (which provides the designations for the purposes of the EC Regulation) and those identified in a direction given by the Treasury under article 4. Article 4 gives the Treasury power to give a direction to designate a person for the purposes of the Order if one of a number of specified conditions is fulfilled in respect of the person. The conditions are that the Treasury have reasonable grounds to suspect that the person is or may be (a) a person who commits, attempts to commit, participates in or facilitates the commission of acts of terrorism; (b) a person named in the Council Decision; (c) a person owned or controlled, directly or indirectly, by a designated person; or (d) a person acting on behalf of or at the direction of a designated person. This article also gives power for the Treasury to specify in the direction that the prohibition in article 8(1) does not apply in respect of the person identified in the direction. Article 5 makes further provision about the Treasury’s directions, including a requirement for the Treasury to take the steps that they consider appropriate, to publicise the direction or to inform only certain persons and to notify the person identified in the direction. This article also includes provision about the manner in which a direction has effect and appeals. Article 6 gives the Treasury power to specify that information contained in the direction is to be treated as confidential. The article imposes a prohibition on disclosing such information except with lawful authority. The article makes it a criminal offence to contravene this prohibition and provides that the Court may grant an injunction to prevent a breach. Article 7 prohibits any dealing with funds, financial assets and economic resources of anyone who commits, attempts to commit, participates in or facilitates the commission of acts of terrorism; designated persons; anyone owned or controlled by them or anyone acting on their behalf of or at their direction. The article makes it a criminal offence to contravene this prohibition. Article 8 prohibits making funds, financial assets, economic resources or financial services available to anyone in respect of whom article 7 applies. The article makes it a criminal offence to contravene this prohibition. Article 10 makes it a criminal offence to circumvent the prohibitions or to facilitate the commission of an offence relating to a prohibition. Article 11 provides a licensing procedure to enable, for humanitarian and other purposes, certain acts to be exempted from the prohibitions. Article 16 gives the Treasury power to delegate its functions under the Order. Article 18 confirms that the provisions of this Order apply to the Crown but, in the event of a contravention, the Crown is not criminally liable. Article 20 revokes the Terrorism (United Nations Measures) Order 2001, save that in any case where a direction has been made under article 4 of that Order, the provisions of that Order continue to apply. Other instruments and provisions amending the 2001 Order are also revoked. The 2001 Order provided for enforcement of the EC Regulation and gave a power for a domestic asset freeze. Schedule 1 makes provisions about information and evidence. Schedule 2 lists the provisions revoked by virtue of article 20. A partial regulatory impact assessment of the effect that this instrument will have on the costs of business may be attained from the Asset Freezing Unit of the Financial Crime Team, HM Treasury, 1 Horse Guards Road, London SW1A 2HQ and is also available on HM Treasury’s website (www.hm-treasury.gov.uk). A copy of the regulatory impact assessment has been placed in the libraries of both Houses of Parliament.

Offences created by this instrument

• Circumventing prohibitions etc article 10 · Status not determined · Requires proof of a state of mind
• Licences article 11(5) · Status not determined · Requires proof of a state of mind
• Licences article 11(6) · Status not determined · Strict liability
• Confidential information article 6(5) · Status not determined · Strict liability
• Freezing funds and economic resources of designated persons article 7(3) · Status not determined · Strict liability
• A relevant institution that fails to comply with a requirement in paragraph (1) or (2) is guilty of an offence paragraph 2(3) of SCHEDULE 1 · Status not determined · Strict liability
• A person is guilty of an offence if he— a without reasonable excuse refuses or fails within the time and in the manner… paragraph 4 of SCHEDULE 1 · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Terrorist Asset-Freezing (Temporary Provisions) Bill Commons · Commons Chamber · 8 February 2010 · Sarah McCarthy-Fry

  I will not. I am sorry. As Members will know, although the Supreme Court ruled that the Terrorism (United Nations Measures) Order 2006 and article 3(1)(b) of the Al-Qaida and Taliban (United Nations Measures) Order 2006 had gone beyond the scope of the UN Act, the Court of Appeal upheld the Government’s position. Other Members referred to the sunset clause. We think that waiting until the end of the year allows enough time for pre-legislative scrutiny and legislative scrutiny. Some Members agreed, while others did not. I look forward to the debate on the amendments tabled in Committee. The…

• Terrorist Asset-Freezing (Temporary Provisions) Bill Lords · Lords Chamber · 9 February 2010 · Lord Myners

  My Lords, this has been a stimulating debate, one that I approached with considerable trepidation given the contribution we could expect from Members of the House with great experience in matters of the law. As the whole House recognises, the threat to the UK today from international terrorism is very real and significant. Terrorists need financing to be able to carry out attacks, the costs of which, as we have seen, do not have to be great. Terrorists also need financing to maintain their infrastructure; for training, equipment and recruitment, and to promote their ideology. The…

• Terrorist Asset-Freezing (Temporary Provisions) Bill Lords · Lords Chamber · 9 February 2010 · The Financial Services Secretary to the Treasury (Lord Myners)

  My Lords, the Terrorist Asset-Freezing (Temporary Provisions) Bill makes provision for the temporary validity of Orders in Council that impose financial restrictions on, and in relation to, persons suspected of involvement in terrorist activity, and for connected purposes. The whole House will, I know, understand that terrorism continues to pose a threat to the UK. The Home Secretary recently raised the UK terrorist threat level to “severe”, meaning that an attack on the UK is highly likely at any time. As noble Lords know, terrorist organisations including al-Qaeda have executed or planned…

• Counterterrorism: Asset Freezing Lords · Written Statements · 18 March 2010 · The Financial Services Secretary to the Treasury (Lord Myners)

  My honourable friend the Exchequer Secretary to the Treasury (Sarah McCarthy-Fry) has made the following Written Ministerial Statement. Following the decision of the Supreme Court quashing the Terrorism (United Nations Measures) Order 2006, and its indication that the Terrorism (United Nations Measures) Order 2009 was vulnerable to being quashed on the same basis as the 2006 order, Parliament passed the Asset-Freezing (Temporary Provisions) Act 2010 in February. The Act restores the validity in law of the UK’s terrorist asset-freezing regime until 31 December 2010, providing a period for…

• Terrorism: Finance Lords · Written Statements · 6 April 2010 · The Financial Services Secretary to the Treasury (Lord Myners)

  My honourable friend the Exchequer Secretary has made the following Written Ministerial Statement. In a Written Ministerial Statement on 10 October 2006, the then Economic Secretary undertook to report to Parliament on a quarterly basis on the operation of the UK’s counterterrorism asset-freezing regime. This is the 14th of these reports and covers the period January to March 2010. 1 Asset-freezing designations In the quarter January to March 2010, the Treasury issued no directions designating persons under the Al-Qaida and Taliban (United Nations Measures) Order 2006. As a result of the…

• Counter-Terrorist Asset-Freezing Regime (January to March 2010) Commons · Written Statements · 6 April 2010 · The Exchequer Secretary to the Treasury (Sarah McCarthy-Fry)

  In a written ministerial statement on 10 October 2006, Official Report, column 11WS, the then Economic Secretary, my right hon. Friend the Member for Normanton (Ed Balls), undertook to report to Parliament on a quarterly basis on the operation of the UK’s counter-terrorism asset-freezing regime. This is the 14th of these reports and covers the period January to March 2010 1. Asset-freezing designations In the quarter January to March 2010, the Treasury issued no directions designating persons under the Al-Qaeda and Taliban (United Nations Measures) Order 2006. As a result of the quashing of…

• Terrorist Asset-Freezing etc. Bill [Lords] Commons · Commons Chamber · 15 November 2010 · Guy Opperman (Hexham) (Con)

  I remind the House of my former profession as a barrister, and I compliment the hon. Member for Dwyfor Meirionnydd (Mr Llwyd) on his outstanding contribution to the debate. I could agree, in broad terms, with much of what he said. In the case of re M, Mr Justice Ognall stated: “We live in an age when funds may be transferred from jurisdiction to jurisdiction as rapidly as it takes me to speak this sentence.” Those sentiments encapsulate the difficulties and predicament that we face today. How do we fulfil the UK’s duty to be at the heart of the international fight against terrorism, while…

• Counter-Terrorist Asset Freezing Regime Commons · Written Statements · 13 July 2012 · The Financial Secretary to the Treasury (Mr Mark Hoban)

  Under the Terrorist Asset-Freezing etc. Act 2010 (“TAFA 2010”), the Treasury is required to report quarterly to Parliament on its operation of the UK’s asset-freezing regime mandated by UN Security Council Resolution 1373. This is the sixth report under the Act and it covers the period from 1 April to 30 June 2012. This report also covers the UK implementation of the UN al-Qaeda asset-freezing regime and the operation of the EU asset-freezing regime in the UK under the EU Regulation (EC) 2580/2001 which implements UNSCR 1373 against external terrorist threats to the EU. Under the latter…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 2006